Trial Practice
The Trial Practice domain tests the paralegal's command of courtroom procedure from pretrial motions through post-trial practice: how motions in limine shape what the jury hears, how voir dire and jury selection are documented, how exhibits are marked and admitted, and how the paralegal supports the attorney during direct and cross-examination. The ACP exam favors fact patterns that turn on the timing and form of an objection or motion, not on substantive tort or contract law.
Core rules and concepts
- Motions in limine are filed before trial to exclude or condition evidence; a ruling is preserved for appeal only if the objecting party renews the objection at trial or the court gives a definitive pretrial ruling.
- Voir dire: challenges for cause are unlimited and require a showing of bias; peremptory strikes are limited and cannot be used to exclude jurors on race (Batson) or sex (J.E.B.).
- Exhibits must be marked, authenticated under FRE 901, and shown to opposing counsel before use; foundation precedes admission.
- Objections must be timely and specific; an offer of proof preserves excluded testimony.
- Rule 50 judgment as a matter of law requires no legally sufficient evidentiary basis; Rule 59 covers new trial.
- Jury instructions are settled on the record; the paralegal tracks proposed and given instructions for the appellate record.
Worked example
During plaintiff's direct examination, counsel asks the witness, 'What did the adjusting supervisor tell you about the settlement authority?' Defendant objects on hearsay. The court sustains. On appeal, defendant argues the question was proper. Reasoning: the statement is offered to prove the truth of the matter (that authority existed), so it is hearsay absent an exclusion; the objection was timely and specific, so the ruling is preserved. If plaintiff wanted the answer for a non-hearsay purpose, counsel should have stated that purpose and made an offer of proof outside the jury's presence.
Traps
- Treating a motion in limine ruling as automatic preservation.
- Marking exhibits after the witness takes the stand, causing delay.
- Using a peremptory strike without a race-neutral reason when Batson is raised.
- Failing to request a curative instruction after an improper remark.